As you will be aware from previous Matheson updates in our
ongoing series relating to international data transfers, the
General Data Protection Regulation and privacy generally, the EU-US
Privacy Shield (the "Privacy Shield"),
which replaces Safe Harbour, was approved with effect from 1 August
2016.
The Privacy Shield enables the legitimate transfer of personal
data to a US-based organisation. The Privacy Shield operates
under a system of self-certification through which US organisations
agree to abide by specified privacy principles (the
"Principles"), including in relation to
notice, accountability for onward transmission to a third party,
and recourse, enforcement and liability, thereby endowing personal
data transfers from the European Economic Area to self-certifying
entities with "essential equivalence" in terms of data
protection.
